By Stiles
H.B. No. 1876
A BILL TO BE ENTITLED
AN ACT
relating to the regulation and control of sanitary sewer overflows.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 26, Water Code, is amended by adding Section
26.049 to read as follows:
Sec. 26.049. SANITARY SEWER OVERFLOWS. (a) The commission may not
adopt a rule governing sanitary sewer overflows, issue a permit regarding sanitary sewer
overflows, or initiate any enforcement action related to a sanitary sewer overflow or a threatened
overflow that:
(1) is stricter than the national policy for sewer overflows; or
(2) seeks compliance in a manner that exceeds the minimum requirements of
that policy.
(b) If the commission adopts a rule governing sanitary sewer overflows, the
commission shall:
(1) employ the maximum flexibility allowed under the national policy for
sewer overflows;
(2) allow alternative strategies for the control of sanitary sewer overflows;
(3) consider the financial conditions and constraints of local governments that
own separate sanitary sewer systems; and
(4) allow local governments that own separate sanitary sewer systems
sufficient time to design and develop cost-effective methods for controlling sanitary sewer
overflows before the commission begins an enforcement action to control sanitary sewer
overflows.
(c) Until a national policy for separate sanitary sewer system overflows is finally
adopted and if the commission adopts a rule governing sewer overflows, the commission may
use the national combined sewer overflow policy as the basis for working with local
governments to develop cost-effective programs to control sewer overflows. Implementation
schedules developed may be based on the national combined sewer overflow policy.
(d) The commission may require a local government that substantially complies with
the national policy for sewer overflows to provide additional controls only if the commission
documents a water quality problem attributable to the local government that threatens human
health, safety, or the environment.
(e) In this section:
(1) "National combined sewer overflow policy" means the Combined Sewer
Overflow Control Policy of the United States Environmental Protection Agency dated April 8,
1994, and published April 19, 1994, as amended or superseded.
(2) "National policy for sewer overflows" means the Combined Sewer
Overflow Control Policy of the United States Environmental Protection Agency dated April 8,
1994, and published April 19, 1994, as amended or superseded, or another national policy that is
finally adopted by the United States Environmental Protection Agency after September 1, 1995,
governing separate sanitary sewer system overflows.
(3) "Separate sanitary sewer system" means a wastewater collection system,
separate and distinct from a storm sewer system, that conveys domestic, municipal, commercial,
or industrial wastewaters to a publicly owned treatment plant.
(4) "Sanitary sewer overflow" means a discharge of wastewater, stormwater
that has entered a separate sanitary sewer system, or a combination of wastewater and
stormwater from a separate sanitary sewer system at a point or points before the water enters a
publicly owned treatment plant.
SECTION 2. This Act takes effect September 1, 1995.
SECTION 3. The importance of this legislation and the crowded condition of the
calendars in both houses create an emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several days in each house be suspended,
and this rule is hereby suspended.